Curry told Oberle he was with the homeowner, a female, in her bedroom when the 39-year-old Thomas, whom he did not know, came to the house and pounded on the front door. The woman let in Thomas, her boyfriend, and Thomas was angry that Curry was in the bedroom, Oberle said Curry told him.

The two men argued, and Curry had a pistol in his hand while Thomas' hands were clenched, Oberle testified Curry told him. Curry told Oberle he was scared of Thomas and that he did not know if Thomas had a weapon in his clenched hands, Oberle testified.

Thomas then “told Curry to go ahead and shoot, so he did,” Oberle said, quoting his police report about his interview with Curry.

Curry told Oberle that he then left in his vehicle with another woman he brought with him from Lansing, Oberle testified. Somewhere between the South Mason house and the Interstate 69 on-ramp at M-13, Curry threw the gun out of his window, Oberle said Curry told him.

Curry told Oberle his street name was “Stress,” which is the name Thomas used to identify his shooter as he briefly spoke with Saginaw Police Officer Steve Lautner prior to medical personnel arriving at the scene.

Oberle and the other detectives on the case learned the suspect was on his way to Lansing following the shooting, police have said. The suspect information was relayed by Saginaw County Central Dispatch, and officers from the Bath Township Police Department in Clinton County made a traffic stop that morning on a matching vehicle and placed Curry into custody, police have said.

Lautner testified Thomas suffered a gunshot wound to the chest. Thomas is no longer in the hospital but did not testify.

Frank allowed the statement under the “dying declaration” exception to the hearsay rule, and the statement helped Frank make his ruling to bind Curry over for trial on the assault charge, which carries a maximum penalty of life in prison.

Curry's attorney James Gust argued against the bind over, saying that the only evidence presented was Curry's self-defense statement and that there was no evidence of an actual assault. Frank said the “dying declaration” helped establish the alleged crime because without it, the only evidence was from police testimony.

Gust also argued there was no evidence of an intent to murder, but county Assistant Prosecutor Richard King said intent is a question for a jury to decide. King also pointed out that Curry shot Thomas in the chest.

“How the bullet missed the heart, I'll never know,” King said.

King also argued that Curry's fleeing the scene and discarding the gun showed evidence of his intent.

In addition to the assault charge, Curry is charged with possessing a firearm as a felon, carrying a dangerous weapon with unlawful intent, carrying a concealed weapon, and three counts of possessing a firearm during the commission of a felony-second offense, which carries a mandatory, consecutive five-year prison sentence.

This is not Curry's first time facing the intent-to-murder charge. Prosecutors in 2004 charged him with similar offenses in connection with a shooting on the city's southeast side, and he ultimately accepted a plea agreement that sent him to prison for about three years.

Curry remains jailed without bond.

— Andy Hoag covers courts for MLive/The Saginaw News. Email him at ahoag@mlive.com or follow him on Twitter @awhoag